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2019 DAILYLAW 1179 (CHH)

IRSHAD KHAN v. STATE OF CHHATTISGARH

WPS/2245/2019 · 2026-01-07

Shri Sanjay K Agrawal

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Judgment text

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1 WPS No. 2245 of 2019 2026:CGHC:1299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2245 of 2019  Irshad Khan S/o Late Suleman Khan, Aged About 30 Years, Posted As Sub-Engineer At Engineering Division Durg, R/o Panchsheel Nagar, Charoda, Bhilai, Tahsil Durg, District- Durg, Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan Naya Raipur, Chhattisgarh. 2. Chhattisgarh Medical Services Corporation Ltd. Through Its Managing Director 3rd Floor, Goving Sarang Vyavasayik Parisar, New Rajendra Nagar, Raipur, District- Raipur, Chhattisgarh. ... Respondents For Petitioner :- Mr. Ishaan Saluja, Advocate, on behalf of Mr. Mateen Siddiqui, Advocate. For State-Respondent :- Mr. Afroz Khan, Panel Laywer. SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08.01.2026 1. At the very outset, learned counsel for the petitioner submits that the issue involved in the present petition is similar to the case of ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2026.01.09 10:50:18 +0530 2 WPS No. 2245 of 2019 Amit Kumar Sharma v. State of Chhattisgarh and anr., 1 which has already been decided by the co-ordinate Bench of this Court. 2. Mr. Afroz Khan, learned State counsel, submits that the in the writ petition limited prayer has been made by the petitioner. 3. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection. 4. In the case of Amit Kumar Sharma (supra) this Court has held as under:- “10. All these factors would show that it is not a case where the petitioners cannot be considered for regularization by the department at all. In the advertisement under which the petitioners were appointed and the rules which have been framed by the department governing the service conditions of its employees, there is a clause that in a given case for regularization could be considered. The petitioners in the instant case therefore have a claim for being considered for regularization. 11. Given the said facts, this Court is of the opinion that the respondent No. 2 may consider the claim of the petitioners for regularization. All these writ petitions accordingly stands disposed off with a direction to respondent No. 2 to consider the claim of the petitioners for regularization in accordance with the rules and 1 WPS No.2229/2019; decided on 25.04.2019 3 WPS No. 2245 of 2019 regulations governing the establishment by passing an appropriate order. It is made clear that the claim of the petitioner for regularization would not under any circumstance come in the way of respondent No. 2 in further proceeding with the process initiated vide advertisement dated 19/12/2018.” 5. Accordingly, the instant writ petition stands disposed off in light of para 10 & 11 of the order passed in the matter of Amit Kumar Sharma (supra). Sd/- (Sanjay K. Agrawal) Judge Ankit